Past Due Collection Letter for the United Kingdom

Past Due Collection Letter Template for England and Wales

A Past Due Collection Letter is a formal written communication used in England and Wales to request payment of overdue debts. It serves as an official reminder of payment obligations and typically includes details of the original debt, current balance, applicable interest, and payment terms. The document must comply with English and Welsh legislation, including the Late Payment of Commercial Debts (Interest) Act 1998 and relevant FCA regulations, while maintaining professional standards and adhering to debt collection best practices.

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What is a Past Due Collection Letter?

The Past Due Collection Letter is a crucial document in the debt recovery process under English and Welsh jurisdiction. It is typically used when payment terms have been exceeded and previous informal reminders have been unsuccessful. The letter serves multiple purposes: documenting the collection attempt, formally demanding payment, and potentially laying groundwork for legal action if required. It must be carefully drafted to comply with various regulations including the Late Payment of Commercial Debts (Interest) Act 1998, Consumer Credit Act 1974, and FCA guidelines, particularly regarding fair treatment of debtors and clear communication of payment obligations.

What sections should be included in a Past Due Collection Letter?

1. Recipient Details: Full name, address, and reference number of the debtor

2. Debt Information: Original amount, current balance, and payment history

3. Payment Terms: Original payment terms and current status

4. Amount Due: Clear statement of total amount due including any interest or charges

5. Payment Deadline: Clear statement of when payment must be made

6. Payment Methods: Available payment options and instructions

What sections are optional to include in a Past Due Collection Letter?

1. Interest Calculation: Breakdown of interest charges, included when applying statutory interest under Late Payment of Commercial Debts (Interest) Act 1998

2. Payment Plan Options: Alternative payment arrangements offered to the debtor when installment payments may be accepted

3. Legal Consequences: Outline of potential legal actions if payment isn't made, included in final demands before legal action

What schedules should be included in a Past Due Collection Letter?

1. Statement of Account: Detailed breakdown of charges and payments

2. Copy of Original Invoice: Evidence of the original debt

3. Payment Slip: Detachable portion for making payment

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Cost

Free to use
Industries

Late Payment of Commercial Debts (Interest) Act 1998: Governs statutory rights to claim interest and fixed compensation on commercial debts, including applicable interest rates for late payments

Limitation Act 1980: Sets time limits for bringing claims (generally 6 years for simple contracts) and determines when debts become statute-barred

Consumer Credit Act 1974: Regulates consumer credit agreements, including requirements for information provision, consumer protection provisions, and fair treatment requirements

Financial Conduct Authority (FCA) Regulations: Includes CONC (Consumer Credit Sourcebook) rules, fair treatment of customers requirements, and clear communication guidelines

Financial Services and Markets Act 2000: Establishes regulatory framework for financial services and debt collection practices

General Data Protection Regulation (GDPR) and Data Protection Act 2018: Governs personal data handling, privacy requirements, and information security in debt collection communications

Consumer Rights Act 2015: Ensures fairness of terms and transparency requirements in consumer contracts and communications

Taking Control of Goods Regulations 2013: Establishes rules for enforcement actions and collection procedures in debt recovery

Credit Services Association Code: Industry code of practice providing guidelines for debt collection agencies

FCA Treating Customers Fairly Principles: Regulatory principles ensuring fair treatment of customers in financial services and debt collection

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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